Family Division judgments indexed under this subject matter
Tulloch v. T.A.
CIGC (Fam) | Cause No. FAM 0104 of 2018 | Judge: Williams J
Unreported Judgment
Family Law — Husband and Wife — Divorce — Wife's Amended Petition — Whether amended petition part of original petition
Husband and Wife - Divorce - Wife's Amended Petition - Wife's prayer for divorce on ground of parties living apart for five years - Whether amended petition part of original petition - Petitions to be treated as one petition and 5 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.
CIGC (Fam) | Cause No. FAM 0201 of 2017 | Judge: Williams J
Unreported Judgment
Family Law — Husband and Wife — Divorce — Wife's Amended Petition — Consent must still exist at time of proving of petition
Husband and Wife - Divorce - Wife's Amended Petition - Wife's divorce brought on consensual ground of parties living apart for two years - Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it - Consent must still exist at time of proving of petition - Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) - The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition - Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.